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Roberts Wants Less Talk. Supreme Court Attorneys Disagree.

Near the end of last term, Chief Justice John Roberts voiced his frustration with the U.S. Supreme Court's lengthening oral argument sessions and suggested the justices might tweak their format over the summer. But as the new term begins Monday, the court has yet to announce any changes, and advocates see little need for improvement.
October 20, 2026
2nd Circ. Won't Block Connecticut Drug Price Cap

A Second Circuit panel affirmed a lower court's decision Tuesday, refusing to block Connecticut from enforcing a cap on generic and off-patent drug prices while a trade association for drug wholesalers challenges the statute.
October 20, 2026
AirPro Says Rival Used Merger Talks To Build Competing Tool

Counsel for AirPro Diagnostics LLC urged a Sixth Circuit panel on Tuesday to reverse a lower court's summary judgment ruling and allow its breach of contract suit to proceed to trial, arguing that a rival company violated a mutual party agreement by using confidential information disclosed during merger negotiations to develop a competing diagnostic tool.
October 20, 2026
Magellan, Powder Springs To Pay $20M To End Sunoco IP Suit

Energy infrastructure firm Magellan Midstream Partners LP and Powder Springs Logistics have agreed to pay $20.3 million to resolve a judgment against them after a jury trial loss in a patent infringement case brought in Delaware federal court by Sunoco related to gasoline blending patents.
October 20, 2026
3rd Circ. Seems Open To Drexel's Bid For New Pay Bias Trial

The Third Circuit seemed receptive Tuesday to Drexel University's bid for a new trial in a professor's pay discrimination suit, with the judges hinting a trial court may have gone too far by imposing Equal Pay Act liability on the school for not complying with an order to turn over salary information.
October 20, 2026
Conn. High Court Snapshot: Justices May Refine Anti-SLAPP

The Connecticut Supreme Court will hear cases in its new term that could change the procedure for winning a strategic lawsuit against public participation and clarify what it means to be "in custody" for the purposes of habeas jurisdiction.
October 20, 2026
4th Circ. Says 'Breach Of Trust' OK Reason To Revoke Release

The Fourth Circuit has ruled that a decision to "slam some sense" into a Virginia man by revoking his supervised release for numerous drug-related violations is procedurally reasonable and does not violate federal sentencing guidelines.
October 20, 2026
7th Circ. Rejects Removal Of Hospital Patient Privacy Suits

The Seventh Circuit on Tuesday joined a host of other appellate courts in determining health care providers were not "acting under" the federal government when they created patient web portals, finding actions alleging hospitals improperly shared patient information belonged in state court.
October 20, 2026
Justices Want Pensioners' Input On Southern Co. Petition

The U.S. Supreme Court asked Southern Co. pension plan participants to weigh in on their employer's petition for review of an Eleventh Circuit decision that revived their proposed class action alleging outdated life expectancy data caused them to lose out on benefits, indicating the justices' possible interest in the case.
October 20, 2026
Justices Urged to Reject Patent Inventorship Appeal

Fencing company Digger Specialties says the U.S. Supreme Court shouldn't take up a challenge to a Federal Circuit finding that invalidated a patent it was accused of infringing, hitting back at a rival's argument that the circuit court ruling produced an "absurd result."
October 20, 2026
Google Makes Last Push Against DOJ's Search Win At DC Circ.

Google took one final swing Monday at upending a D.C. federal judge's rulings faulting it for monopolizing online search and forcing it to prop up search engine rivals with data and syndicated results, telling the D.C. Circuit that the U.S. Department of Justice's case targets earned market dominance.
October 20, 2026
Plastics Co. Asks 5th Circ. Not To Nix Captive Insurance Case

The founder of a plastic manufacturing company asked the Fifth Circuit not to dismiss his bid to restore a tax deduction the IRS denied on premiums the company paid for its captive insurance arrangement, saying the court has jurisdiction over the case despite the government's claim to the contrary.
October 20, 2026
8th Circ. Panel Doubts Investors' Medtronic Insulin Pump Suit

The Eighth Circuit appeared skeptical Tuesday of investors' bid to revive allegations that medical device company Medtronic failed to properly communicate problems with an insulin pump device it manufactured and was ultimately recalled, with judges questioning arguments that certain interactions between the company and regulators weren't properly disclosed.
October 20, 2026
New Rule On Invoking Defendant's Past Convictions Hits Snag

A yearslong effort to make it harder for prosecutors to invoke a criminal defendant's past convictions appeared to be gaining traction — until the senior executive arm of the Judicial Conference recently intervened and the U.S. Department of Justice abruptly withdrew its support for the proposal.
October 20, 2026
LA Tells 9th Circ. DOJ Pot Shift Can't Revive License Appeal

The city of Los Angeles is urging the Ninth Circuit to throw out a challenge to its social equity cannabis licensure program, saying the Constitution's dormant commerce clause doesn't apply to marijuana regardless of recent changes to federal cannabis policy.
October 20, 2026
Split DC Circ. Revives Faith Groups' Challenge To ICE Raids

A split D.C. Circuit panel ruled Tuesday that a collection of faith groups likely have standing to challenge the Trump administration's rescission of a decades-old policy shielding houses of worship from immigration raids, holding that the congregations face a "credible threat" of enforcement, enough to be heard in court.
October 20, 2026
NJ Panel Revives Hill Wallack Malpractice Suit

A New Jersey state appeals court panel ruled Tuesday that a trial court must rethink its dismissal of a suit accusing Hill Wallack LLP of mishandling the defense of a family facing labor trafficking allegations, saying a more detailed record is needed to establish whether discovery responses were deficient.
October 20, 2026
Mass. High Court Backs Ban On Under-21s Carrying Guns

Massachusetts' highest court on Tuesday upheld a law prohibiting anyone under 21 from possessing guns, finding the restrictions are consistent with historical regulations on youth and firearms.
October 20, 2026
Starbucks Seeks Full 5th Circ. Review Of NLRB Union Ruling

Starbucks has urged the full Fifth Circuit to rehear a recent panel decision finding that the coffee chain engaged in multiple federal labor law violations to suppress a union campaign in Upstate New York claiming the decision conflicts with U.S. Supreme Court and circuit court precedent.
October 20, 2026
Ohio Justices Say Moratorium Ends Data Center Site Plan

The Ohio Supreme Court on Tuesday unanimously rejected a data center developer's call to force Lordstown, Ohio, to consider a plan for a project submitted days before the village council enacted a ban on the construction of any new data centers.
October 19, 2026
Justices Asked To Resolve Nonsignatory Arbitration Split

A trading firm is urging the U.S. Supreme Court to finally resolve whether an arbitrator or a court should decide the proper venue for a dispute involving a nonsignatory to an arbitration agreement, as it fights a Seventh Circuit opinion keeping a putative securities class action in court.
October 19, 2026
Rogoff Tells 9th Circ. Firing Furthers 'Evil' Framers Opposed

Roger Rogoff urged the Ninth Circuit to affirm a lower judge's order reinstating him as Seattle's top federal prosecutor, asserting in a filing Friday that he's entitled to keep the court-appointed U.S. attorney position until President Donald Trump fills the role with a Senate-confirmed nominee.
October 19, 2026
9th Circ. Open To Reviving P&G Shampoo 'Natural' Ad Fight

A Ninth Circuit panel appeared open Monday to reviving a putative class action alleging The Procter & Gamble Co.'s Herbal Essences and Pantene shampoo labels dupe consumers by claiming 90% or 97% of ingredients are of "Natural Origin" or "Naturally-Derived," with two judges suggesting the case was prematurely tossed.
October 19, 2026
9th Circ. Doubts Kids Agreed To Arb. Roblox Gambling Claims

A Ninth Circuit panel doubted Monday a website owner's arguments he is entitled to a trial over whether a putative class of minors agreed to arbitrate their claims Roblox and others operated an illegal gambling business, with one judge asking if the appellant wants 9-year-olds to attest to whether they entered a contract.
October 19, 2026
Nike Seeks Quick Appeal In Misleading Email Promo Suit

Nike has asked a Washington state judge for permission to immediately appeal her decision refusing to end a proposed class action alleging it spammed customers' inboxes with emails containing misleading discount subject lines, a move that Nike says could affect over 200 similar pending cases with no-injury claims.
October 19, 2026
Justices Urged To Hear Case Targeting FINRA Enforcement

The U.S. Supreme Court has been asked to hear a case challenging the ability of the Financial Industry Regulatory Authority to impose fines through an in-house disciplinary procedure with a broker who was penalized by the regulator, telling the justices that it was "futile" to first bring his constitutional arguments before the U.S. Securities and Exchange Commission.

Editor's Picks

Circuit-By-Circuit Guide To The US Supreme Court's Term

Federal appeals courts had wide-ranging successes and struggles during the U.S. Supreme Court's recently completed term: One had its best showing in years following its worst showing in years; one felt déjà vu after recently starting to find favor with the justices; and one saw its reputation for independence occupy a rare role in the Supreme Court spotlight.
After Tense Terms, Hints Of High Court Harmony With Circuits

Following several U.S. Supreme Court terms teeming with reversals and rebukes of lower appeals courts, the justices this term found fault less often with rulings by circuit judges, who are likely becoming better attuned to the conservative supermajority, attorneys say.
The Funniest Moments Of The Supreme Court's Term

When one of the U.S. Supreme Court's most talkative members suddenly struggled to speak, the atmosphere at oral arguments grew increasingly anxious — until the justice deadpanned that it was an advocate's golden opportunity to avoid a grilling.

Expert Analysis

Dissecting Dodd's, Gensler's Prediction Market Amicus Briefs

Former Sen. Chris Dodd and former U.S. Commodity Futures Trading Commission Chairman Gary Gensler's recent amicus briefs in support of New Jersey's petition for U.S. Supreme Court review of Kalshi v. Flaherty draw on legislative history to counter the CFTC's claim of federal preemption over the prediction markets, says Trace Schmeltz at Steptoe.
What Colo. High Court Will Weigh In Insurer Disclosure Case

In Bohanan v. Esurance, the Colorado Supreme Court will decide whether an insurance policy must be produced to a claimant notwithstanding the insurer's coverage position, and the court's interpretation of what "may be relevant to the claim," in the statute, will be paramount, say attorneys at Burg Simpson.
6th Circ. Spotlights Cannabis Contract Enforceability Risks

The Sixth Circuit's recent reversal of a $31.8 million jury verdict against a subsidiary of cannabis giant Curaleaf highlights that state licenses do not necessarily provide the legal foundation needed to enforce contracts in federal court, which is a pattern that appears across many sectors, say attorneys at ArentFox Schiff.
Preventing HOA Bias After Wash. Ruling Highlights Risk

Because homeowners nationwide can now draw on precedent from a recent Washington state appellate decision holding that state antidiscrimination law forbids homeowners associations from biased enforcement of their rules, common-interest communities should immediately work to mitigate their expanded exposure to postsale fair housing liability, says Brett Sullivan at Fennemore.
2nd Circ. Eases Employer Defense Of Dress Code Rules

The Second Circuit recently sided with Starbucks in a ruling that makes it easier for companies to defend dress code policies against unfair labor practice challenges, but employers shouldn't read it as a license to ban union insignia, say attorneys at Shipman & Goodwin.
5 Prediction Market Queries For Every League, Athletic Dept.

The NFL's recent amicus brief urging the U.S. Supreme Court to resolve a circuit split over regulating prediction markets and operators like Kalshi raises important, enterprisewide governance questions for leagues, teams and athletic departments, and highlights that regulatory oversight and institutional integrity are related but distinct, say attorneys at Robins Kaplan.
Tips For Employers As Calif. Court Limits Harassment Liability

Doe v. Wells Fargo appears to be the first published California appellate decision to determine that the harasser must have supervisory authority over the plaintiff to trigger strict liability, underscoring the value of accurately documenting job roles and reporting lines, says Ellen Connelly Cohen at Call & Jensen.
What CMS Audit Rule Means For Medicare Advantage Plans

Despite ongoing legal challenges, the Centers for Medicare & Medicaid Services is moving forward with implementation of its risk adjustment data validation audits, raising statistical concerns around overpayments indicated by variance in unbalanced samples, say Stephen Fink, Brad Rice and Igor Karagodsky at Analysis Group.
SEC's Insider Trading Duty Rule May Face Loper Bright Test

In U.S. v. Jennings, pending in New Jersey federal court, the defense has an opportunity to challenge the rule defining the boundaries of the misappropriation theory of insider trading under Loper Bright, as the only litigated case testing the rule's limits relied on Chevron deference, say attorneys at O'Melveny.
What's At Stake As Justices Rethink Sentencing Commentary

Tuesday’s oral arguments before the U.S. Supreme Court in Beaird v. U.S. highlighted the tension between preserving sentencing consistency and limiting the authority of sentencing guidelines commentary, and a decision favoring the latter could significantly reduce sentencing exposure for white collar defendants, say attorneys at Baker Donelson.
Bankruptcy Deadlines, Concessions Can Decide Lien Priority

The Fifth Circuit's recent decision in Adler v. Energy Debt Holdings warns buyers of secured claims to watch for binding concessions in earlier proceedings and court-imposed lien challenge deadlines, says Jennifer Maleski at Dilworth Paxson.
What Lawyers Should Know Before Accepting Crypto Payment

As clients increasingly request to pay legal fees, retainers and escrow funds using cryptocurrency, lawyers should consider how only a handful of state bar authorities have addressed the issue with varying ethics opinions, as well as the related questions that no authority has yet answered, says attorney Felix Shipkevich.
Battles Over Murky Mineral Rights Stymie Pa. Energy Projects

Legal wrangling over a recently passed Pennsylvania law could affect billions of dollars of mineral royalty payments, the status of subsurface property rights in the state and the ability of the Legislature to pass retroactive legislation that affects those rights, say attorneys at Flaster Greenberg.
Mo. Official's Indictment Tests Limits Of Federal Bribery Laws

The recent bribery charges filed against a Missouri county executive raise questions about whether field-clearing conversations and job offers between rival candidates can rise to the level of illegal quid pro quos, potentially muddying the line between politics as usual and the federal bribery statutes, say attorneys at ArentFox Schiff.
Fighting Class Cert. In Wash. False Email Promo Cases

Retailers facing a recent wave of class actions alleging their email promotions violated the Washington Commercial Electronic Mail Act may be able to demonstrate that sending individualized, customer-specific messages produced experiences too diverse to be adjudicated on a classwide basis, say attorneys at Benesch.